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MATTER OF WINKLER

171 A.D.2d 474 (1991)

In the Matter of Frederick E. Winkler, Deceased. Marie F. Winkler, Appellant, v. Tatiana Winkler, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 14, 1991

The record clearly establishes that respondent met her burden of proof as to decedent's intention to be domiciled in Suffolk County (SCPA 103 [15]; Matter of Newcomb, 192 N.Y. 238, 250-251). Intention is determined by the conduct of the person and all the surrounding circumstances (Matter of Ferris, 286 App Div 631), which may be proven by acts and declarations (see, Matter of Wendel, 144 Misc. 467)....

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